Agencies
Justice M.K Hanjura of J&K High Court on Tuesday issued notices to the State and others, and also directed State that subject to objection of the other side and till the next date of listing before the Bench, respondents shall consider release of compensation as per the decision of National Highway Authority of India (NHAI) communicated vide letter dated October 4, 2017 and payment of compensation shall remain subject to result of writ petition.
The court directions came in a petition filed by land owners whose land had been acquired for the ring road, challenging Constitutional Validity of J&K Land Accusation Act.
During the course of hearing, Advocate Abhinav Sharma representing the petitioners submitted that they are land owners of Tehsil Marh and Tehsil Bhalwal of Jammu District and their land is being acquired by NHAI for construction of Semi Ring Road connecting Thandi Khui (Samba) to Nagrota via Akhnoor. “The project is financed by the Central Government. Even without issuing notices as provided under law, the land of the petitioners is being taken possession of and the structures standing on the land are being demolished. Even awards have been published at the back of the petitioners and only meager amount awarded in favour of the land owners under the provisions of the J&K Land Acquisition Act, 1990. Since the project is a Central project and for similar Project in other states of India, four times the market value of the land is being paid to the land owners, but the petitioners are being paid only the market value as per the value in the Stamp Act plus 15 per cent Jabarana, which is not at all adequate and fair compensation”, submitted the counsel of petitioners.
He further submitted that under ‘The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’ of the Central Government, four times the market value of the land is being paid as per the procedure provided in first Schedule of the Act. Contrary to this, under the J&K Land Acquisition Act, 1990, even for a Central Project wholly financed by the Central Government, only market value plus 15 per cent Jabarana is being paid and there is no provision of resettlement and rehabilitation of the family uprooted from the land.
“The petitioners are challenging the J&K Land Acquisition Act, 1990, on aforesaid counts, the State Act being discriminated in nature is hit by Article 14 of the Constitution of India. Some of the petitioners are even losing the only source of their income and in case adequate and fair compensation is not paid to the petitioners as is being paid in other states, such petitioners shall be on road without any source of income”, he submitted adding that for acquisition of land for the same project of Semi Ring Road, land owners in Samba, Pulwama and Bandipora Districts are being paid handsome amount, which is far more than the amount mentioned under the Stamp Act.
The petitioners being aggrieved of the J&K Land Acquisition Act, 1990 are seeking writ of mandamus, declaring that the aforesaid State Act as ultra-vires the constitution and are also seeking writ of mandamus, directing the respondents to pay compensation to the petitioners / land owners in the same manner as is being paid in other States of India for similar project as per the Central Act of 2013.